HomeMy WebLinkAbout9/12/2001 - STAFF REPORTS (8) }
DATE: September 5, 2001
TO: City Council
FROM: Building Official via Director of Planning & Building
PENALTIES FOR DUST CONTROL VIOLATIONS—BAIL SCHEDULE MODIFICATION
RECOMMENDATION:
It is recommended that the City Council modify the City bail schedule in order to provide specific
penalties for the violation of the City's fugitive dust and erosion control ordinance.
BACKGROUND:
In 1993,the City Council adopted Ordinance No. 1439,which added chapter8.50, entitled"Fugitive
Dust and Erosion Control" to the City municipal code. Section 8.50.035 of that chapter provides
penalties for violation of chapter requirements.
In the past, citations for dust control violations were issued based on municipal code section
11.72.090, the section which deals generally with public nuisances and more specifically with
building code violations which constitute public nuisances. The current bail schedule provides for
penalties of only$75 for violations designated as infractions and $100 for violations designated as
misdemeanors.
In order to provide for increased penalties over those specified for public nuisance violations, and
to encourage voluntary compliance with dust control regulations, it is recommended that penalties
be increased to the maximum allowable under the municipal code. This would involve increasing
penalties for violations designated as infractions to:
$100 for the first violation
$200 for the second violation within one year
$500 for the third violation within one year
Starting with the second violation within a one year period, the City, at its option, and depending
on the severity of the violation, could designate a violation as a misdemeanor. Misdemeanor
penalties involve fines of up to $1000 or imprisonment for six months or both.
Attached is a pinute Q der authorizing the appropriate additions tcrt e City bail schedule.
t r � , __
Gary Bitter porn i D- glas R. Evans
Building fficial Director f Planning & Building
Approved:
City Manage
Attachments:
1. Minute Order 14
2. Proposed Bail Schedule
MINUTE ORDER NO.
AMENDING THE MASTER BAIL SCHEDULE TO
ADD SPECIFIC BAIL FOR VIOLATION OF PALM
SPRINGS MUNICIPAL CODE SECTION 8.50.035,
FUGITIVE DUST AND EROSION CONTROL,
VIOLATION AND PENALITIES.
I HEREBY CERTIFY that this minute order, amending the Master Bail Schedule to add specific bail
forviolation of Palm Springs Municipal Code Section 8.50.035, Dust and Erosion Control,Violation
and Penalties,was adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 51h day of September, 2001.
PATRICIA A. SANDERS
City Clerk
i
PROPOSED ADDITION TO BAIL SCHEDULE
Code Section Description Violation Type Recommended
Bail
PSMC 8.50.035 Fugitive dust and erosion Infraction, first offense $100
control, violations and
penalties
Infraction, second offense $200
Infraction, third offense $500
Misdemeanor $1,000
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